Ems House Bill 4577 - Yap Et Al

7/24/2019 Ems House Bill 4577 - Yap Et Al

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CONGRESS

OF THE PHILIPPENES

SJX'ITENTII CONGRESS

First

Regular

SessIOn

}

HOUSE OF REPRESENTATIVES

H. No.

4577

By REPRESENTATIVES YAP S.), MERCAoo.REvILLA, Co

AND

BATOCABE,

PER

COMMIITEE REpORT

No

297

AN

ACT INSTITUTIONALIZING A PREHOSPITAL EMERGENCY

MEDICAL CARE SYSTEM, PROVIDING FOR THE

ESTABLISHMENT, SUPERVISION AND REGULATION OF

THE PREHOSPITAL EMERGENCY CARE PROFESSION,

PROVIDING PENALTIES FOR VIOLATIONS THEREOF AND

APPROPRIATING FUNDS THEREFOR

Be

t

en cted

by the Senate

nd

House

o

Representatives

o

he Philippines in

Congress assembled

CHAPTER I

GENERAL PROVISIONS

3

SECTION l

Short Title

-

This Act shall be known as

the

4 Pre-Hospital Emergency Care Act .

5

SEC 2

Declaration

of

Policy - It

is

hereby declared the policy of the

6 State to protect and promote the right to health

of

the people. Pursuant to this

7 policy, the government shall endeavor to cultivate and maintain

an

8

environment

conducive to the practice

of

pre-hospital emergency care,

9

maximize

the capability and potential

of

Emergency Medical Technicians

10

(EMTs) and other

p r e ~ h o s p i t l

care professionals and institute a standard

11

system

of r e ~ h o s p i t l

emergency medical services

in

the country.


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2

SEC 3. Objecllves.

-

In

support

of State policy, this Act:

2

a)

Mandates the development and institutionalization

ofa

p r e ~ h o s p i t a l

3 emergency medical service system at the national and local levels;

4 b) Creates a National P r e ~ o s p i t a l Care Council;

5 c) Establishes a national standard for the provision

of

pre-hospital

6 emergency medical services by duly certified/registered p r e ~ h o s p i t a l care

7 professionals;

8 d)

Mandates

the supervision and regulation of the practice of

9 pre-hospital care professionals;

10 e) Mandates the standardization of the training of pre-hospital care

11 professionals;

12

f)

Prescribes certification,

registration

and recertification

13 requirements

afpre-hospltal care professionals;

14 g) Establishes standards for the design, manufacture, accreditation

and

15

regulation

of

emergency

medical vehicles;

6

h)

Mandates the adoption and

use

ofa

National Unjversal Emergency

17 Telephone Number; and

18 i) Establishes support services to pre-hospital

emergcncy

medical

19 services.

20

SEC. 4.

DefinitIon o/Terms -

As used

In

this Act:

l a)

Accredited trammg ins itutions

refer to organizations authorized

to

22 offer training programs, courses and continuing education

in

emergency

23

medical services

for prchospital

care

professionals

that meet

the standards

24 established by the National Pre-Hospital

Care

Council, hereinafter referred to

25

as the Council created under this Act, In

coordination

with

the

Technical

26 Education and Skills

Development AuthoTtty TESDA), the Commission on

27

Higher Education CHED) and the Deparnnent of Health DOH), among


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others, and are duly recognized by the TESDA or the CHED, as applicable,

2 and duly registered in good standing with the Council;

3 b)

Ambulance

refers to an emergency medical vehicle for transporting

4 sick or injured people to, from or between places of treatment for

an

illness or

5 injury, and are equipped and manned to,

in

some instances, provide medical

6 care to the patient;

7 c)

Competency-based assessment

refers to evidence gathering and

8 judgment by an authorized assessor who evaluates

the

teclmical and practical

9 skills, abilities and knowledge

of

a pre-hospital care professional

in

accordance

1 with the standards and guidelines established

by

the Council. in coordmation

11 wlth the TESDA, in

the

case of onc

who

holds a technical nondegree Certified

12 Emergency Medical Technician course under the TESDA, or in coordination

3 with the CHED and the Professional Regulation Commission

PRe)

in the case

14

of one who holds a Registered Emergency Medical Technici3nParamedic

J5 REMT P) degree course requiring the issuance ofa professional license;

16

d) Emergency Medical

Services

EMS) Medical Direcior refers

to

a

17 licensed physician with trairung

in

emergency medicine and ~ v i t h at least five

18 5) years expenence in emergency medical care as certified by the Council or

19

the local medical authority charged with the supervision

of

EMS, and adequate

20 training and experience in the standard emergency medical treatment protocols

21 set by the Council;

22

e)

National Pre-Hospital Emergency Medical Treatment Protocols

23

refer

to

emergency medical procedures

outlining

approved

clinical

practices

24 and therapies to

be

observed

by

p r e ~ h o s p i t l care professionals, as established

25

by

the Council created under Section 5 hereof;

26

f) Pre-hospital care professionals

refer to:

27

I)

Emergency Medical Technician

-

a

preMhospital emergency care

28 provider who has fulfilled the requirements of and continues

to

hold the


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4

qualifications established by the Council, in coordination with the

TESDA.

the

2 CHED and the PRC, among others;

3 (2) Registered Emergency Medical Technician-Paramedic REMT-P)

4 - a p r e ~ h o s p i t l emergency care provider who

is

capable of performing

5 extensive pre-hospital care services such as administering medications orally

6 and intravenously. interpreting electrocardiograms (ECGs) tracings,

7

performing

endotracheal intubations and using monitors and other complex

8 equipment. A

REMT-P

is required to maintain the qualifications and fulfill the

9 requirements set

by

the Council;

10

(3) Ambulance Dispatch Officer

-

a person duly trained and certified

11 in the administration, management and operation of the ambulance dispatch

t

2 and communication system and who has fulfilled the requirements and who

13

continues to hold the qualifications established by the Council, in coordination

14 with the

TESDA,

the CHED and the PRC, among others;

15 (4)

Ambulance Assistant

-. a person who, having gained the minimum

16

certification a ) a Medical First Responder

Advanced

Fitst Aider), is charged

17 with the operat ion and general care of emergency medical vehicles (ambulance

18 driver), in addition

to

providing basic medical care for patients under the direct

19 supervision ofan EMT or REMT-P; and

20

5) Other pre-hospital care professionals providmg other support

21 services for the provision

of

pre-hospital emergency medical care;

22 g) Pre-hospital emergency medical services refer to:

23

1)

Pre-hospital emergency care

independent delivery of pre-hospital

4 emergency medical services by appropriately trained and certified EMTs,

25 usually in a mobile

Or

community setting, in full accordance with the

National

26 Pre-Hospital Emergency Medical Treatment Protocols established

by

the

27 Council; and


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2) Pre-hospital advanced life support -

advanced pre-hospital

2 standards fur the care

of

seriously

ill

or injured patient

by

appropriately tramed

3 and certified EMTs, as established

by

the Council. These pre-hospital

4 standards may include advanced pre-hospital trauma care, advanced

5 pre-hospital cardiac life support and the care

of

high dependency patients for

6 inter-hospital transfer, among others

7 CHAPTER n

8 NATIONAL PRE-HOSPITAL CARE COliNCIL

9

SEC.

5 Creation o the National Pre-Hospital Care Council. - The

10 National Pre-Hospital Care ouncilor the Council IS hereby created tmder the

11 DOH.

12

SEC. 6.

Objectives o th Council

- The Council shall fulfill the

13 following objectives:

14

a) To fannulate policies governing

the

field of pre-hospital emergency

15

medical services and related institutions;

16

b) To implement policics n coordination

A ith

affiliated medical and

11

educational institutions;

18 c) To develop national standards for the provision of pre-hospital

19 emergency medical services to include the skills, abilities and knowledge

20 required

of

a pre-hospital

care

professional, and the development

of

mandatory

21

national medical

treatment

protocols

to be observed b)

pre-hospital care

22 professionals and such other entities as

it

may consider appropriate;

23 d) To

promulgate

a Code

of Ethics for EMTs;

24 e) To develop high standards

of

operation for pre-hospital emergency

25 care support service providers;

26 t) To establish and maintain a roster of

certified

EMTs;

27 g) To develop standards and protocols for the design., construction,

28 outfitting and operation of emergency medical vehicles; and


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h) To engage

in

research on pre-hospital care, technology, education

2 and training, the formulation

of

curricula and the evaluation

of

existing

3 courses, assessment and the examination procedures.

4

SEC

7.

Membership

o

the Council.

-

The members

of

the Council

5 shall

e

composed

of

the following:

6

a) x officio members.

7 1) The Secretary

of

the DOH as Chairperson

of

the Council;

8 2) The Secretary

of

the Department

of

the Interior and Local

9 Goverrunent DlLG);

10

3) The Director General

of

the TESDA; and

II 4) The Chairperson of the CHED; and

12

b) Members to be appointed by the Secretary

of

the DOH upon

13

nomination

by

their respective associations:

14

1) One 1) nominee

of

a national orgafilzation duly registered with the

15

Securities and Exchange Commission SEC) and reccgnized

by

the DOH as

16 being representative

of

the EMT profession within the Republic

of

the

17

Philippines:

Provided

That upon the organization

of

the national accredited

18

professional organization

ofEMTs,

mandated under Section

31

of

this Act, its

19

nominee shall automatically hold this seat

in

the

o u n c i l ~

20 2) Four 4) nominees

of

local health boards, one 1) each from the

21 National Capital Region, Luzon, Visayas and Mindanao areas;

22 3) One 1) registered emergency medical practitioner representing a

23 recognized professional-based organization with lOterest on emergency

24

medicine;

25 4)

One I) registered medical

phYSician

representing a

recognized

26 professional-based organization on cardiology;


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5) One

I)

registered nurse with the requisite training

or

experience in

2 emergency room nursing, representing a recognized professional-based

3 organization ofemergency care nurses; .

4 6) One I) representative from an educational or training institution

5 offering EMT programs, which has been duly accredited

by

the TESDA or the

6 CHED and recognized by the Council in accordance

with Its

rules and

7 regulations;

8 7) One I) representative from a recognized national professional

9 association of medical practitioners;

10 8) One I ) representative from the Philippine Medical Association;

II 9) One

l)

representative from a DOH hospital; and

12

10) One I) representative from the Philippine National Red Cross.

13 SEC

8

erm o/Office - Each member of the Council shall not serve

14

for

morc than three 3) consecutive terms. A term shall

e

for a period

of

two

15

2) years.

16

SEC 9 Powers

nd

Functions -

fa

carry out

Its mandate, the

17

Council shall f:xcrClse

the following powers

and

functions

18 a) Encourage al\d facilitate the organization of a network of

19 p r e ~ h o s p i t a l care professionals to ensure the provision of EMS to the general

20 public on a national basis;

21 b) Maintain a roster of qualified pre-hospital care professionals,

22 providers, and training institutions, and

coordinak

the licensing and

23 accreditation

o f p r e ~ h o s p i t a l

care professionals with the

PRe;

24 c) Establish a secretariat under an executive dIrector for the

25 administrative and d a y ~ t o d a y operations

of

the C o u n c i l ~

26

d) Create committees and other mechanisms to help expedite the

27 implementation

of

plans and strategies;


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(e) Set

up

a system

of

networking and coordination among all existing

2

government

health agencies, local goverrunent units (LGUs) and

3 nongovernment medical instltutions/agencies for the effective implementation

4

of

its programs and activities;

5 (f) Generate reSOurces from local, national and international

6 organizations/agencies, whether government or the private sector, for its

7 operation;

8 g) Receive and accept donations and other conveyances including

9 funds, materials and services

by

gratuitous title

Provided

That not more than

10

thirty percent (30 ) of said funds ')hall be used for admmistrative expenses;

i

(h) Prepare an annual budget

of

the Council and submit

tn

same to the

12 President for inclusion

in

the annual General Appropriations Act;

13 (i) Advise the President on matters pertaining to


EMS;

14 U Review

membership

of thl: Council

in

hne with changes in the

15

status

of

concerned national

organization


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and the CHED shall designate their respective staff to serve as members

of

the

2 Secretariat.

3 n establishing the Secretariat, the Council shall consider the following

4 areas:

5

6

(a) Education and standards development;

(b) National examination/assessment system for p r e ~ h o s p i t l care

7 professionals;

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(c) Research;

(d) Supervision and regulation;

e)

Policy, planning

and

research;

I)

Administration;

g)

Finance; and

h)

Programs on the following areas:

I)

I-hlman resource development;

2)

Emergency medica vehicles; and

3j

Emergency communications.

SEC 11 Meetltlgs The Council shall meet at least once every

18

quarter.

19

SEC 12

Program PLans

-

The Council shall, within six (6) months

20 after its constitution

and organization, adopt and immediately cause to be

21

implemented, in coordination with medical and related agencies, a shorHange

22 one (I)-year program in support

of

relevant existmg projects and activities and

23

a

longrange five (5)-year development program geared

towards

achieving

the

24 objectives of this ct This development program shall be dcveioped and

25 subjected to annual review and revision

by

the Council, in coordination with

26 relevant public and private medical agencies and organizations.

27

SEC

13. Accreditation - The Council shall issue certifications and

28

licenses

for the following:


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a) Accreditation of training institutions for EMTs and related

personnel; and

b) Accreditation

of

emergency medical vehicle providers.

CHAPTER III

EMERGENCY MEDICAL TECHNICIANS

SEC 14

Creation

o

Piantilla Positions for Emergency Medical

Technicians EMTs) - There shall be created a minimum number

of

plant ilia

positions for EMTs in the following government hospitais/health facilities

within five 5) years after

the

approval

of

this Act:

a) Level 3 and 4 Hospitals - Five 5) EMTs and at least one

I)

Ambulance Assistant;

b) Level I and 2 Hospitals - Three 3) EMTs and at least one I)

Ambulance Assistant; and

c) Other Health Facilities - As may be deemed necessary by the

Council.

The annual fmancial requirements for the salaries of EMTs shall be

included in the annual general appropriations

of

the respective hospitals, health

facilities and LGUs.

SEC 15 Scope o the Practice o Emergency Medlcal Care

- The

emergency medical care practice involves services performed in responding

to

the perceived needs

of an

mdividual for immediate medical care in order to

prevent loss

of

life

or

aggravation

of

physiological

or

psychological illness

or

injury delivered in a pre-hospital, inter-hospital

and

hospital emergency care

setting. For this purpose, the Council, in coordination with the PRe shall

develop the scope

of

work of EMTs based

on

internationally accepted

standards. as adapted

to

the Philippine setting.

SEC

16 Authorized Training Institution

Training programs,

courses and continuing education

for an

EMT shall be

conducted

by an


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institution that has been granted a certificate of program registration (COPR)

by

the

TESDA

in case

of

technical nondegree courses under the supervision

of

the TESDA, or a certificate

of

accreditation as a higher education institution

(BEl) as

well as program accreditation by the CHED, in the case of degree

programs under the supervision of the CHED. The requirements prescribed by

the Council shall serve as the minimum requirement for program registration.

The DOH may provide training programs for EMTs: Provided That these

shall

be

in accordance wi th the standards set by the CounclL

SEC 17.

CertificatIOn Registration and Recertification

The

certification, registration and recertification of EMTs for nondegree courses

shall be administered by the TESDA and by the PRC for degree courses in

accordance with the rules and regulations of the PRC and without prejudice to

the enactment

of

a licensure law for EMTs. A certification shall be valid for a

period of three (3) years. The

TESDA

and the PRe shall recertify EMTs upon

submission of a competencY-based assessment from a

recognized

EMS

Medical D i r ~ c t o r

SEC 18. QualificatIOns An app\kant for r c g i ~ t r a t i Q n as an EMT

must

e

a citizen

of

the Philippines, at least twenty-one (21) years

of

age,

of

good moral character and must produce before the Council satisfactory

evidence of good moral character and a certification that no charges against

one s person involvmg moral turpitude have been filed or are pending in any

court in the Philippines.

SEC 19. Examination Required. An applicant for registration as an

EMT shall be required to undergo a nationally-based assessment test or

licensure examination to e given in such places and dates as may be

designated by the TESDA, for those who hold nondegree courses, and by the

PRe for those who hold dt:gree courses.


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3

4

5

6

7

8

9

O

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SEC

20. Schedule

o

ExammatJOn - National written examinations

for

EMTs

in Ihe Philippmes shall

be

given

by

Ihe

TESDA and

the PRC al Ieasl

twice every year.

SEC

21. Release

oj

the

Resulls oj

Examination - The results of the

examination shall

be

released

by

the TESDA within

twenty

20) working days

and by the PRe within two 2) months from the date of the examination.

SEC 22.

Issuance o the Certificate

o

Registration and EMT

Identification Card

A certificate of

registration

shall be issued to

examinees who pass the national EMT examinations given by the TESDA

or

the PRe. The certificate of registration shall remain in full force and effect

1 J

until

revoked or suspended in accordance with this Act An EMT

12 identification card, bearing the registration number, date of issuance and expiry

13 date, duly signed by the TESDA Director General or the PRC Chairperson,

14 shall likewise

be

Issued to every registrant upon payment of the required fees.

15 The EMT identification card shall be renewed every three 3) years upon

16

satisfactory


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SEC

24. Revocation or Suspension of the Certificate of RegIstration,

2 EMT Identification Card or Cancellation

of

TemporarylSpecial

Permz .

3 The Council may, upon recommendation

of

the TESDA

Of

the

PRe

in

4 accordance with the prescribed procedures and due process, revoke or suspend

5 the certificate

of

registration

or EMT

identification card.

6 SEC 25.

Reinstatement, Relssuance or Replacement of Certificate of

7

Registration alld EMT I;tenlijicatlOn Card -

After two 2) years from the

8 revocation

of

a certificate

of

registration, the TESDA

or

the

PRe

upon the

9 recommendation

of

the Council, may reinstate a revoked certificate

of

10 registration and reissue a suspended EMT identification card after compliance

11

by

the applicant

with

the requirements for reinstatement.

12 SEC

26.

Continuing FAucation.

- The Council shall develop a

13

program

for

the continuing

education

of

EMTs as a condition for EMTs to

14 continue the practice

of

their profession and maintain the requisite

15

accreditation

by

the TESDA

or

the

PRe

l6

SEC

27.

Roster a Certified \1Ts ana'

R l v f T s ~ P

-

The Council, in

17 coordination with the TESDA. the CHED,

the

PRe

and the accredited

18 professional organizations representing the profession

of

EMT within the

19

country,

shall prepare, update and maintain a roster

of

certified EMTs and

20 REMTs-P.

21 SEC 28.

Issuance

of

Temporary/Special Permit.

- Upon application

22 and payment

of

the necessary fees, and subject to the requirements specified

by

23

the Council, the TESDA or the PRC, the Department

of

Justice

DOl)

and the

24 Bureau

of

Immigration Bl) may issue temporaryJspecial permits to EMS

25 personnel from foreign countries whose sen-ices are urgentiy needed

in

the

26 absence of local EMTs or when the supply

of

such certified technicians is

27 inadequate.


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SEC. 29. Registration Without Examination for E WTs All

2

practicing

EMTs

at

the time this Act

is

passed shall be deemed qualified for

3 registration as an EMT

if,

in accordance with the rules and regulations of the

4 Council, they have performed work within the scope of the practices of an

5 EMT as defined in this Act, for such period of time as may be required

y

the

6 Council and have been certified by an

EMS

Medical Director to have

7 performed

full

EMT functions in a pre-hospital and inter-hospital care

8 setting.

9 SEC 30. RegIStration With Examination for MTs

-

All

practicing

10

EMTs who arc not graduates

of

an EMT program from a TESDA or

CHED-accredited pUblic

or

private cducationaVtraining institution

at

the time

12

of the effectivity

of

this Act shall be qualified for registration through

13

examination using the following procedures:

14 n) An

applicant must provide a full record of mitial trainir.g completed

15 as an

EMT. This record must include details of the training establishment, a

16 full

syllabus

of

training completed, a record of ongoing rraming and proof of

17

the applicant s work experience as an EMT

in

any local or international

18

organization

tor at

teast one

1)

year and a certification

by

an

EMS

Medical

19

Director to have perfonned full EMT functions in a pre-hospital and

20

inter-hospital care setting; and

21

(b) Upon

compliance

with the aoovestated

requirements,

the candidate

22

shall

be

referred

to

an accredited TESDA,

PRe

or EMT assessment

23

center.

24

SEC

31.

Accredited Professional Organization -

All certified EMTs

25 shan

belong to one national organization

which

shall be

recognized

by

the

26 Council as the onc and only accredited EMT organization in the country. A

27 certified EMT duly registered with the TESDA or the Re shall automatically


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become a member of the accredited professional organization of EMTs and

2 shall enjoy the corresponding benefits and privileges.

3

SEC

32. Code ofEthics

o

EMTs - The Council, In coordination. with

4 the accredited professional organization, shall adopt and promulgate the

Code

5

of

Ethics and the Code

of

Technical Standards

for

EMTs to include, among

6 others, the duties of EMTs to pre-hospital emergency care patients, to the

7 community, to their colleagues in the profession, and to allied professionals.

8 SEC 33. Prohibited

cts

and PenaltIes on the Pracilce o Emergency

9 Medical Service - The following shall constitute an offense punishable under

to

this Act:

11 a) Practicing or offering to practice pre hospital emergency care

12 services in the Philippines or offering oneself as an EMT,

or

using the title.

l word, letter, figure or any sign tending to convey the impression that one is a

14

registered and licensed EMT,

or

advertising or indicating

in

any manner

15 whatsoever that one

is

qualified to practice pre-hospital emergency care, unless

16 one has satisfactorily demonstrated the prescribed competency standards,

in

17

full

accordance with the requirements of the Council and is a holder

of

a

18 National Certificate in Emergency Medical Services or a temporary/special

19 permit duly issued

by

the Council;

20

b) Providing pre-emergency hospital care within the meaning

of

21

this Act without a valid certificate

of

registration and a professional

22 identification card or a valid temporary/special permit issued in accordance

23 herewith;

24 c) Presenting or using a certificate

of

registration

or

a professional

25 identification card belonging to another person,

26 d) Giving

any

false

or

forged evidence

of

any kind

to th

Council,

27 the TESDA, the CHED or the

PRe

in obtaining any

of

the foregoing

28 documents,


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(e) Falsely impersonating any registrant with similar or different

2 name;

3

(f)

Abetting or assisting

by

any registered and licensed emergency

4 hospital technician the illegal practice of a person who

is

not lawfully

5 quaCifjed to provide pre-emergency

hospital

care

within

the meaning of this

6 Act;

7 g) Attempting to use a revoked or suspended certificate of

8 registration or any invalid or expired EMT identification card or a cancelled

9 temporary/special pennit,

10

(h) Operating an EMS training institution

without

proper

11 accreditation; and

12

i)

Using without appropriate authority, an ambulance/emergenc)

13 medical vehicle such

as

transporting illegal drugs and transporting passengers

14 and personnel

who do

not require emergency care.

15

Any person violating any of the prohibited acts under

this

section shan

16 be penalized with imprisonment

of

not less than one I) year but not more than

7 five (5) years or a fine of not less

than

fifty thousand pesos PSO.OOO.OO) but

18 not more than one hundred thousand pesos PIOO,OOO.OO),

or

both. at the

t

9 discretion

of

the court

20 CHAPTER rv

2 t EMERGENCY MEDICAL VEHICLES

22 SEC. 34.

Emergency Medical Vehicles

- The Council shall develop

23 minimum requirements for the design, construction, performance,

24 equipment, testing and appearance

of

emergency medical vehicles. As such,

25

only emergency medical vehicles shall

be

allowed to display the v{Qrd

26 Ambulance and the universally accepted Star of Life symbol. [ t shall

27 also provide for the operation protocols of said vehicles. t shall also

28 design an accreditation system to provide the public with ambulances and other


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emergency medical vehicles that are easily identifiable, nationally

2

3

4

5

recognizable,

appropriately

perfonn their

providers.

properly constructed,

equipped,

will

enable

functions as basic and

easily maintained and, when

EMTs to safely

and

reliably

advanced pre-hospital

life

support

6

The

ambulance shall

e

designed to provide the following features at the

7 minimmn:

8

a)

A

driver s

compartment;

9 (b) A patient compartment with sufficient space

to

safely and

10 comfortably accommodate an EMT and a patient

who

can be given Intensive

II

life support during transit;

12 c) Equipment and supplies for emergency care at the scene as well as

13

during transport;

14

(d) A two-way

radIO

telephone

or

electromc communication with the

15

Ambulance Dispatch Officer (ADO); and

16 e) When necessary, equtpment for light rescue/extrication procedures.

17

The emergency medical vehicle shall be so designed and constructed to

18

provide the patient with safety and comfort, and to prevent aggravation of the

19 patient's injury or illness.

20 The designated vehicle marking of "Ambulance" is hereby restricted for

21

use by emergency

medical

vehicles only.

22 While failwe

of

an emergency medical

vehicle

to

conform to Council

23 standards may be a ground for the removal of

its

certification, such failure shall

24 not bar EMTs from:

25 (1) Responding and providing appropriate basic or advanced life

26 support on site to persons reported experiencing acute injury

or

illness in a

27


setting, and transporting them, while continuing such life support

28 care, to an appropriate medica facility for definitive care;


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2) Providing inter-hospital critical transport care;

or

3) Transporting

essential personnel and equipment to and from the site

of

a multiple medical

emergency or

a triage site

and

transporting appropriately

triaged patients to designated medical facilities.

CHAPTER V

EMERGENCY COMMUN1CATIONS

SEC. 35 Adoption

o

a NatIonal UniversaL Emergency Telephone

Number - There

shall only be

onc

national emergency

number

to enable the

public

to

access emergency medical services. Towards this end,

the

National

Telecommunications Commission (NTC) shall develop a program

for the

adoption of a national emergency nwnber with

the

LGUs and officials

responsible

for

emergency service and public safety; the telecommunications

industry (specifically including the cellular and other wireless

telecommunications service providers ; the motor vehicle manufacturjng

industry;

emergency medical

crvice providers;

emergency dispatch

providers; transportation

ofticials;

public safety,

fire

service and law

enforcement officials;

consumer groups; and

hospital

emergency and

trauma care personnel (includmg emergency physicians, trauma surgeons and

nurses).

SEC.

36.

ComplIance

It shall be the duty

of

every voice service

provider to provide its subscribers with access to the national universal

emergency

nwnber

in accordance

with

the

implementing rules

and

regulations

to e adopted

pursuant to this Act.

SEC. 37. Prohibited Acts and Penalties

on

Emergency

Communications - a) Any person who makes a telephone call to an

emergency telephone number with intent to annoy, abuse, threaten or harass

any person who answers

the telephone

call, subject

to subsection (c) of this

section, shall

e

given a warning for the first offense,

and

shaH

be

compelled to


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attend a seminar

on

the proper use of the national emergency telephone number

2

on

the second offense. Upon commission

of

the offense for the third time, the

3 offender shall, upon conviction,

e

imposed with a fine of not less than five

4 hundred pesos (P500.00) but not more than one thousand pesos (P I ,000.00).

5 Upon commission of the offense for the fourth and succeeding limes, the

6 offender shall,

upon

conviction. e

imposed

with a penalty

of imprisonment

of

7

not

less than one (1) month but not more than six (6) months or a fine of not

8 less than two thousand pesos P2,OOO.OO) but not more than five thousand

9

pesos

PS,OOO.OO),

or

both. at

the discretion

of

the

COurt.

10 (b) Any person who makes a telephone call to an emergency telephone

11 number and, upon the call being answered, makes or solicits any comment,

12

request, suggestion,

proposal or sound which is

o s c e n e ~

lewd. lascivious,

13

filthy or indecent, shall be given a warmng for the first offense, and shall be

14 compelled to attend a seminar on the proper use

of

the national emergency

15 telephone number on the second

offense.

Upon commission of the offense

16 for the third time, the offender shall, upon conviction, be imposed with a fine

7

of

not less than five bundred pesos (P500.00) but not more than one thousand

18 pesos P},OOO.OO), Upon commission of the offense for the fourth and

19 succeeding times, the otTender

shaH,

upon conviction, be imposed with a

20 penalty of imprisonment of not less than one (1) month but not more than six

21 (6) months or a fine of not less than two thousand pesos P2,OOO.OO) but not

22 more than five thousand pesos (P5,000.00), or both, at the discretion

of

the

23 court.

24 (c) Any person who gives a false report of a medical emergency or

25 gives false information

in

connection with a medica emergency, or makes a

26 false alarm of a medical emergency, knowing the report or information or

27 alarm to e false; or makes a false request

for

ambulance service to an

28

ambulance service provider, knowing the request

to be

false, shall be given a


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warning for the first offense, and shall be compelled to attend a semmar on

2 the proper use

of

the national emergency telephone number on the second

3

offense.

Upon commission

of

the offense

for

the third time, the offender

4

shaH,

upon conviction, be imposed with a fine

of

not less than two thousand

5 pesos P2,000.00) but not more than five thousand pesos P5,OOO.00) and

6 payment for damages. Upon commission

of

the offense for the fourth and

7 succeeding times, the offender shall, upon conviction.

be

imposed with a

8 penalty

of

imprisonment

of

not less than one I) year but not more than three

9 3) years

or

a fine

of

not less than tive thousand pesos

P5,OOO.OO)

but not

10 more than ten thousand pesos P10,OOO.OO) and payment for damages, or

11

both, at the discretion

of

the court.

12

CHAPTER

VI

13

MISCELLANEOUS PROVISIONS

14

SEC. 38. en

ice Requirement

~ The Council shall require mandatory

15

service for all pre-hospital emergency care providers as a condition for

i

maintaining

their license

nd

accreditation

17 SEC. 39.

Role of th L G U ~

The LOUs are hereby mandated to

18 develop and institutionalize a pre-hospital emergency care system within their

19 area

of

jurisdiction. The Council shall develop and implement traming

20 programs and similar activities to enable the LOU:;

to

accomplish thiS task.

21

SEC. 40.

Appropriations

~ The Secretaries of the Departments

22 concerned shall include in their programs the implementation

of

this Act, the

23 funding

of

which shall be included in the annual General Appropriations Act.

24 SEC. 41.

Implementing Rules and Regulations -

Except as otherwise

25

provided, the Council, in coordination

with

the NTC, the TESDA, the CHED,

26 the PRe and the DOH, shall issue

and

promulgate the rules

and

regulations to

27 implement

the

provisions

of

this Act

within

one hundred twenty 120) days

28 after

its

constitution.


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I SEC 42. Separability Clause

- If

any clause sentence paragraph

or

2 part

of

this Act shall

e

declared unconstitutional

or

invalid such judgment

3 shall not affect invalidate or impact any other part of this Act.

4

SEC 43

Repealing Clause - ny provision

of

laws orders

5 agreements rules

or

regulations contrary to and inconsistent with this Act is

6 hereby repealed amended

r

modified accordingly.

7 SEC 44. Effectivity

-

This Act shall take effect fifteen I5) days after

8 its publication

in

the Official Gazette or

in

a newspaper ofgeneral circulation.

Approved

o

Ems House Bill 4577 - Yap Et Al

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